Is South Carolina a 50/50 child custody state?

At the David W. Martin Law Group, we recognize that child custody disputes can be emotionally charged and legally intricate. Many of our clients want to know if South Carolina handles custody disputes as a 50/50 custody state. No, South Carolina does not have a 50/50 custody presumption in custody cases. Instead, South Carolina family courts determine custody and visitation based on what is in the child’s best interests.

Under South Carolina law, the primary factor in determining child custody is the child’s best interests. This means that when determining custody, the court will consider a number of factors, including the child’s relationship with each parent, the child’s needs, each parent’s ability to provide for the child’s needs, and any history of abuse or neglect. If the child is of sufficient age and maturity to make an informed choice, the court may also consider the child’s preference.

In South Carolina, there is no presumption of joint custody, but the court may award joint custody if it is in the child’s best interests. Joint custody does not imply that the child will spend equal time with each parent. Instead, joint custody implies that both parents have an equal say in major decisions regarding the child’s upbringing, including education and medical care.

In child custody disputes, visitation arrangements are an important factor in addition to custody arrangements. In Greenville, South Carolina, the court may order one of several types of visitation arrangements, including:

Standard Visitation – Standard visitation is characterized by the non-custodial parent having visitation every other weekend and potentially one dinner visit depending on the county.  This type of visitation permits the non-custodial parent to spend more time with the child, such as an additional overnight visit during the week or an extended weekend visit.

Supervised Visitation – The court may order supervised visitation if there are concerns for the child’s safety or well-being. This means that visits with the non-custodial parent must be supervised.

Supervised or Restricted Visitation – In rare cases where there is a history of abuse or neglect, the court may prohibit visitation between the non-custodial parent and the child. Additionally, the court may request that one parent have supervised visitation until the parent can assure the court that the child can be protected without such restrictions.

At the David W. Martin Law Group, we recognize that child custody disputes can be emotionally taxing. Our seasoned family law attorneys are committed to assisting our clients in obtaining the best possible outcome for themselves and their children. If you are involved in a child custody dispute in Greenville, South Carolina, contact one of our experienced Greenville child custody attorneys today.

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David W. Martin Law Group

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Greenville, SC 29601

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